Criminal Code of Canada - section 446(2) - Punishment

section 446(2)

INTRODUCTION AND BRIEF DESCRIPTION

Offences under subsection (1) are punishable by a maximum of two years imprisonment or a fine not exceeding $5,000 or a term of six months imprisonment or both.

SECTION WORDING

446(2) Every one who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or to imprisonment for a term of not more than six months or to both.

EXPLANATION

Section 446(1) of the Criminal Code of Canada deals with the offence of arson, which is the act of intentionally setting fire to property, whether it is a building, vehicle or any other object. Section 446(2) provides for the punishment of this offence. A person who is found guilty of committing arson under section 446(1) is guilty of an indictable offence and can be sentenced to a term of imprisonment of up to two years. Alternatively, the person may be charged with a summary conviction, punishable by a fine of up to $5,000 or imprisonment for up to six months, or both. Arson is a serious offence and poses a significant risk to public safety, as it can cause not only destruction of property but also death or injury to people. The potential harm caused by arson means that the punishment for this offence is severe. The Criminal Code of Canada provides for a range of different sentences based on the severity of the crime and the circumstances surrounding it. In the case of arson, the punishment is commensurate with the seriousness of the crime and takes into account the potential harm caused. Section 446(2) of the Criminal Code of Canada serves as a deterrent to those who may be considering committing arson, as they are aware of the serious consequences of their actions. It also helps to protect the public from the danger posed by arsonists by removing them from society and holding them accountable for the damage they cause.

COMMENTARY

Section 446(2) of the Criminal Code of Canada addresses the offence of breaking and entering a place with intent to commit an indictable offence. This provision criminalizes the act of entering a building or other enclosed space with the intention of committing a crime, such as theft, assault, or mischief. Under this provision, an offender can be charged with either an indictable offence or a summary conviction offence. An indictable offence is a more serious offence that carries a maximum penalty of two years imprisonment, while a summary conviction offence is a less serious offence that carries a maximum penalty of six months imprisonment or a fine of up to $5,000, or both. The severity of the penalty for breaking and entering with intent to commit an indictable offence reflects the serious nature of the offence. Not only is the act of entering a building or other enclosed space without permission an invasion of privacy, the added component of intent to commit a crime makes this offence particularly concerning. This provision also recognizes that breaking and entering can occur in a variety of contexts. A person may break into a house, an apartment, a commercial building, or any other type of enclosed space. Whether the offender's intention is to commit theft, assault, or any other type of crime, the act of breaking and entering is itself a serious offence that warrants criminal punishment. It should be noted that this provision only applies if the offender had the intention to commit an indictable offence at the time of entry. If the offender did not have this intention, they may be charged under a different provision of the Criminal Code. In addition to the criminal consequences of breaking and entering with intent to commit an indictable offence, there may also be civil consequences. The victim of the offence may be able to bring a civil claim against the offender for damages resulting from the crime, such as the cost of repairing damage to the property or the value of stolen items. In conclusion, section 446(2) of the Criminal Code of Canada is an important provision that criminalizes the act of breaking and entering with intent to commit an indictable offence. This offence is taken seriously by the criminal justice system and can result in significant penalties, both in terms of imprisonment and fines. By holding offenders accountable for this offence, the law seeks to deter others from engaging in similar criminal activity and to protect the safety and security of individuals and communities.

STRATEGY

Section 446(2) of the Criminal Code of Canada discusses the penalties for committing an offence under subsection (1), which deals with the wilful and unlawful killing or injuring of an animal. As such, it is important for those dealing with this section of the Criminal Code to carefully consider the potential strategic implications of their actions. Some strategic considerations include the extent of the harm caused to the animal, whether there were multiple or repeated offences, the defendant's motivation, and the defendant's prior record. These factors can help determine the severity of the sentence, as well as determine whether a case should be pursued at all. In addition to these considerations, it may be strategic to pursue alternative methods of resolution such as plea bargaining, especially if the evidence against the defendant is not strong or if there is a risk of the case being dismissed altogether. Plea bargaining can help to reduce the sentence imposed, and also avoid the more severe penalties that could be imposed if the case went to trial and resulted in a conviction. Another potential strategy for dealing with Section 446(2) is to seek a reduced sentence by demonstrating mitigating factors such as a sincere apology, restitution to the victim or community, or a commitment to rehabilitative treatment. These factors can help to demonstrate to the court that the offence was an isolated incident, and that the defendant is unlikely to reoffend in the future. Finally, it may be important to consider the societal impact of the offence in question, and whether there is a need to send a message to others that such behaviour will not be tolerated. This may factor into the decision of whether to pursue a case and what sort of sentence to seek, as well as how the case is framed in the media. In conclusion, strategic considerations when dealing with Section 446(2) of the Criminal Code of Canada will depend on a range of factors. These may include the extent of the harm caused to the animal, whether there were multiple or repeated offences, the defendant's motivation, and their prior record. Strategies that could be employed include plea bargaining, demonstration of mitigating factors, and consideration of the societal impact of the offence. By carefully weighing these factors, legal practitioners can help to ensure that the penalties imposed are fair and reflect the appropriate level of punishment for the offence committed.